Introduction to Research for Law and
Criminal Justice
IRM1501
ASSIGNMENT 1 & ASSIGNMENT 2
2/24/2024
CHRISTINA SHAAKUMENI
, ASSIGNMENT ONE
QUESTION 1
With relevant decided cases, discuss transformative constitutionalism and
identify three basic principles of transformative constitutionalism.
(6 MARKS)
Transformational constitutionalism includes the following, according to Karl Klare:
“Transformative constitutionalism connotes an enterprise of inducing large-scale
social change through nonviolent political processes grounded in law. I have in
mind a transformation vast enough to be inadequately captured by the phrase
'reform,' but something short of or different from 'revolution' in any traditional sense
of the word.”1
Transformative constitutionalism's cornerstone is the Constitution of the Republic
of South Africa, 1996 (henceforth referred to as the Constitution). Professor Karl
Klare created the idea of transformative constitutionalism2 in light of the nation's
system of constitutional supremacy and the principles specified in the
Constitution.3 There are many ways in which the Constitution is transformative by
design.4 The Constitution, according to Chief Justice P Langa (as he was then) is
unique from the constitutions of other nations in that:
It represents a decisive break from, and a ringing rejection of, that part of the
(apartheid) past which is disgracefully racist, authoritarian, insular, and repressive
and a vigorous identification or commitment to a democratic, universalistic, caring
and aspirationally egalitarian ethos, expressly articulated in the Constitution.5
The Constitution aims to establish democratic values, social justice, and fundamental
human rights as the cornerstones of a South African society. In addition, the Constitution6
urges everyone to take part in the transformation of South Africa. In particular, the Preamble to
the Constitution's use of the phrase "we, the people of South Africa" alludes to this shared
obligation to change. Transformative constitutionalism therefore needs to take place in a setting
that upholds democratic principles like equality, freedom, and human dignity. The foundation
of transformative constitutionalism is a set of basic ideas.
1
K Klare 'Legal Culture and Transformative Constitutionalism' (1998) 14 SAJHR 286.
2
K Klare 'Legal Culture and Transformative Constitutionalism' (1998) 14 SAJHR 146.
3
Constitution of the Republic of South Africa, 1996.
4
Langa P “Transformative constitutionalism” 2006 (3) Stellenbosch Law Review 351–360 351
5
S v Makwanyane and Another (CCT3/94) 1995 ZACC 3.
6
Constitution of the Republic of South Africa, 1996.
Criminal Justice
IRM1501
ASSIGNMENT 1 & ASSIGNMENT 2
2/24/2024
CHRISTINA SHAAKUMENI
, ASSIGNMENT ONE
QUESTION 1
With relevant decided cases, discuss transformative constitutionalism and
identify three basic principles of transformative constitutionalism.
(6 MARKS)
Transformational constitutionalism includes the following, according to Karl Klare:
“Transformative constitutionalism connotes an enterprise of inducing large-scale
social change through nonviolent political processes grounded in law. I have in
mind a transformation vast enough to be inadequately captured by the phrase
'reform,' but something short of or different from 'revolution' in any traditional sense
of the word.”1
Transformative constitutionalism's cornerstone is the Constitution of the Republic
of South Africa, 1996 (henceforth referred to as the Constitution). Professor Karl
Klare created the idea of transformative constitutionalism2 in light of the nation's
system of constitutional supremacy and the principles specified in the
Constitution.3 There are many ways in which the Constitution is transformative by
design.4 The Constitution, according to Chief Justice P Langa (as he was then) is
unique from the constitutions of other nations in that:
It represents a decisive break from, and a ringing rejection of, that part of the
(apartheid) past which is disgracefully racist, authoritarian, insular, and repressive
and a vigorous identification or commitment to a democratic, universalistic, caring
and aspirationally egalitarian ethos, expressly articulated in the Constitution.5
The Constitution aims to establish democratic values, social justice, and fundamental
human rights as the cornerstones of a South African society. In addition, the Constitution6
urges everyone to take part in the transformation of South Africa. In particular, the Preamble to
the Constitution's use of the phrase "we, the people of South Africa" alludes to this shared
obligation to change. Transformative constitutionalism therefore needs to take place in a setting
that upholds democratic principles like equality, freedom, and human dignity. The foundation
of transformative constitutionalism is a set of basic ideas.
1
K Klare 'Legal Culture and Transformative Constitutionalism' (1998) 14 SAJHR 286.
2
K Klare 'Legal Culture and Transformative Constitutionalism' (1998) 14 SAJHR 146.
3
Constitution of the Republic of South Africa, 1996.
4
Langa P “Transformative constitutionalism” 2006 (3) Stellenbosch Law Review 351–360 351
5
S v Makwanyane and Another (CCT3/94) 1995 ZACC 3.
6
Constitution of the Republic of South Africa, 1996.
